Our lawyers help shareholders with disputes in business. They have experience with complex cases involving companies and have worked on high-profile cases.
We specialise in resolving shareholder disputes, offering legal advice on Corporate Law and shareholder agreements.
We represent clients in negotiations to resolve disputes and, if needed, we pursue or defend legal action in court.
Properly managing shareholder disputes reduces harm to the company’s operations and safeguards the interests of everyone involved.
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Our Clients and Expertise
Our legal team is dedicated to resolving disputes that arise among shareholders and providing expert advice on Corporate Law and shareholder agreements. We represent a diverse range of clients, including shareholders, companies and investors.
We offer support related to disagreements over ownership rights, dividends, and voting rights. Companies benefit from our expertise in managing internal conflicts and addressing issues related to corporate governance.
Investors rely on your guidance when facing disputes with other shareholders or the company itself, ensuring their interests are protected.
By effectively managing these disputes, we help safeguard the smooth operation of businesses, protecting the interests of all parties involved and preventing disruptions to company operations.
Resolving Disputes with Eldwick Law’s Shareholder Dispute Solicitors
We specialise in resolving shareholder conflicts through advice, negotiation, and litigation, protecting our clients’ rights and interests.
Mediation
Our primary goal is to resolve shareholder disputes outside of court. This approach often leads to quicker, less costly resolutions, benefiting all parties involved.
If parties can reach a mediated solution, potential actions could include:
- Continuing shareholders buying out
- The company purchasing shares
- Shareholders receiving the company through demergers
- Acquisition of a new holding company, which may involve a share exchange for shareholders
Litigation
If litigation becomes necessary, we are fully prepared to represent your interests in court.
Our lawyers are skilled in managing the different actions available to shareholders during disputes:
- Unfair prejudice petitions, when other shareholders buy out the shareholder that has suffered the unfair prejudice;
- Derivative action, where the director(s) are in breach of his/her duties;
- Winding up of the company;
- Breach of directors’ duties;
- Underperforming directors or shareholders;
- Section 944 petitions; and
- Salary disputes.
Considerations on Shareholders Disputes
Understanding shareholder disputes requires a clear comprehension of the dynamics within a company.
Shareholder disputes arise from disagreements among shareholders or between shareholders and the company’s management.
Our specialised solicitors help parties resolve conflicts ensuring the outcome is in the best interest of the company and its shareholders.
Types of shareholder disputes vary, reflecting the complexity of corporate operations and the diverse interests of those involved.
FAQ
What is an Unfair Prejudice Petition?
An Unfair Prejudice Petition is a legal remedy available to minority shareholders who feel unfairly treated or oppressed by the majority shareholders or directors of a company. It allows minority shareholders to seek redress for actions that are deemed prejudicial or unfair to their interests.
I am a minority shareholder and I am being excluded from the management of the company. What should I do?
If you’re a minority shareholder facing exclusion from company management, consider seeking legal advice promptly. You may have rights to challenge such exclusion through legal avenues like an Unfair Prejudice Petition or by invoking provisions in the company’s Articles of Association or Shareholders’ Agreement.
I hold shares in a company that I think may be insolvent. What should I do?
If you suspect the company you hold shares in is insolvent, it’s crucial to seek professional advice. Options may include discussing concerns with company directors, talking with other shareholders, or seeking legal advice to understand your rights and potential courses of action.
What is a Just and Equitable Winding-Up Petition?
A Just and Equitable Winding-Up Petition is a legal action that can be brought before the court to wind up a company. It is typically requested when it’s deemed just and equitable to dissolve the company due to challenging disputes among shareholders or when the company’s operations are no longer feasible or fair to all stakeholders.